Copyright

Squeekyclean

Hi Folks
Not sure if this is the right section but here goes.

I help to run a small supporters club and we brought out a pin badge meant to sell to raise money for charity.
It was sold on the condition that the badge would not be re-sold for profit, the badge has now appeared on an auction site but not as a buy now for the origianl price.

My questions are, have we any legal right to stop the seller from listing our badges and what happens if it sells for more than what they paid for it?

A similar thing happened with another club and they contacted the same seller, who refused to take the listing off or pass on any profits to the charity.

Any swift help would be appreciated as the auction ends in four days.

fluffnutter

Have you checked this out?

cit_k

check out ebay vero program.

vax2002

How would this infringe your copyright ?
Copyright would only apply if they were making copies.

Once you sell something it becomes that persons to do so as they wish.

techspec

I think your being petty myself.

The money from the original sale went to the charity intended - the seller is just having a clear-out - and does not want your badge. He probably only bought it as a good deed.

What harm is it doing?

You should auction them yourselves, if it raises more money.

antrobus

Squeekyclean wrote: »

..... we brought out a pin badge meant to sell to raise money for charity. It was sold on the condition that the badge would not be re-sold for profit, the badge has now appeared on an auction site but not as a buy now for the origianl price....A similar thing happened with another club and they contacted the same seller...

Hence it would appear that the seller is likely a member of neither club, but acquired his stock from people who were. You might well have sold the badge on certain conditions, and it might well be the case that said conditions were binding on the purchaser, and that you could take action against the purchaser for their failure to adhere to said conditions, but that doesn't give you any rights to take action against anybody else.

kingfisherblue

Guiding and Scouting produce badges and many end up on Ebay, even brand new ones that are easily available. I don't think there is any way you can prevent this. Also, as someone has already pointed out, it does not infringe your copyright if someone sells your badge, only if they copy it.

Equaliser123

vax2002 wrote: »

How would this infringe your copyright ?
Copyright would only apply if they were making copies.

Once you sell something it becomes that persons to do so as they wish.

Generally, if something is subject to copyright, there are 'exclusive rights' which include distribution and resale. If a term of the licence prohibits that, then it would be a breach of the copyright owner's rights.

Not clear in this case as to whether there is copyright at all.

Squeekyclean

Hi Folks
A bit clearer now.
But I know this is not someone just clearing out, they are sellers and make more money that the clubs do, the idea of the badges was to raise money for the clubs but this seller makes money by selling a batch of badges to the club then the spare badges on ebay, not just our club but nearly all the clubs he does badges for.
One good thing is that clubs are now looking elsewhere for trusted badge makers so maybe this will cut his money making scheme.
Thank you for all the replies.

antrobus

Squeekyclean wrote: »

...A bit clearer now.... this seller makes money by selling a batch of badges to the club then the spare badges on ebay, not just our club but nearly all the clubs he does badges for....

Hence "looking elsewhere for trusted badge makers" is a very good idea. Legal action again the original seller might be a possibilitry, but probably isn't worth it given the likely sums involved.

lincroft1710

It may be that for the number of badges your club ordered it was uneconomic to make, so the badgemaker made more and is selling the surplus to recoup some of his costs.